Experts: NFF Election Off Except Injunction Vacated Before Friday
The NFF Elections fixed for Friday in Benin City will not take place except an injunction against its conduct granted by the Federal High Court sitting in Abuja is vacated before then.
This is the position of several legal experts on the matter that has caused an impasse in Nigeria Football.
Some “Emergency” lawyers had argued that the injunction granted by Justice Inyang Ekwo on September 15, 2022, only has a seven-day life span and as a result it has automatically run out and as such Elections can go ahead as planned.
Various experts have since dismissed this argument.
“Whoever posited that the order has expired didn’t read the order which says *Parties are hereby ordered to maintain status quo ante pending final order of this court,” said Barrister Chinedu Udora.
“Ordinarily, exparte order are meant to last for 7 days in the belief that the court should hear the motion on notice of the same application within 7 days. However if you look at the exparte order made in favour of PFAN, it was made pending the final order of the court.
“Meaning that it should last until the hearing of the motion on notice onstage 31st of October 2022.”
“This interpretation (that the order has expired after seven days) is not absolutely correct,” added Walin Gundunman Makera.
“Court injunction granted by exparte motion lasts for seven days, but that is only when the plaintiff didn’t file any substantive matter for which the injunction was granted.
“In this case, the plaintiff filed a motion on notice for a substantive matter and by which the court granted the injunction …PENDING THE HEARING AND DETERMINATION OF THE MOTION ON NOTICE… so the life of the injunction runs until that motion is heard in court; in this case, the October date stated in the injunction.”
In layman language, without vacating this injunction and the NFF going full steam to conduct Elections on Friday in Benin City, all those who flouted the order will be liable for Contempt of Court.